Statute of Limitations for Product Liability

In California, the statute of limitations in products liability cases is one year. Cal Code Civ Proc § 340. The time starts running when the plaintiff knows of the injury and is suspicion of wrongdoing. The existence of such knowledge is a factual determination for the jury to decide. A jury makes this determination using the following factors (1) knowledge of the injury, and (2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone. Bristol-Myers Squibb Co. v Superior Court (1995, 4th Dist) 32 Cal App 4th 959, 38 Cal Rptr 2d 298. If you do not file a lawsuit within this time, you cannot sue.

In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call The Law Offices of Charles A. Pernice now at (949) 440-0860, or Toll-Free (800) 440-3554 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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The Law Offices of Charles Pernice handles the following types of cases: Lemon Law, Automobile Fraud, Consumer Fraud, Credit Damage, ID Theft, Investor Claims, Employment Law, Mediation & Personal Injury including Automobile Accidents, Spinal Cord Injuries, Traumatic Brain Injuries, Medical Malpractice, Wrongful Death, Insurance Bad Faith, Nursing Home Abuse, Airplane Accidents, Dog Bites, Drunk Driving Injuries, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, Slip and Fall Accidents.

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The legal information offered by The Law Office of Charles Pernice and contained herein, regarding California legal statutes and California claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a California lawyer regarding your specific inquiry.See Terms of Use.